How to Fight Your Ticket in North Carolina

Got a traffic ticket or speeding ticket in North Carolina? There are many ways that you can fight your North Carolina traffic ticket and win so that you don't have to pay the expensive fine or worry about your insurance rates increasing. Learn your options for fighting North Carolina speeding tickets and traffic tickets so you can win.

Fight Your Ticket in North Carolina

Fighting a Speeding Ticket or Traffic Ticket in North Carolina

At some point or another most of us are going to get a speeding ticket or other traffic violation, however, contrary to popular belief, you do not just have to suck it up and pay the fine and all the additional insurance expenses that come along with the ticket. Instead, there are multiple ways that you can fight a speeding ticket or fight a traffic ticket that are proven to work to either completely eliminate the ticket or at the very least reduce the fine. Here are some proven methods to fight and beat a speeding ticket or traffic ticket.

1. Trial By Written Declaration

In some states when you receive a ticket and decide you want to plead not guilty and contest the ticket, you will have two options to do so - you can appear in court to fight the ticket; or you can proceed to trial by written declaration to fight your traffic ticket. Essentially what this means is that rather than appear in court, you decide you will write up an account of your argument against the ticket and send it to the North Carolina court. The officer who pulled you over will do the same and then the judge will make a judgment of guilty, not guilty, or a reduced fine based on the two statements. According to many people, this is a great way to fight a ticket and has a high success rate, especially if you hire a professional organization to write your declaration for you. One of the reasons it has a high success rate, is that when you decide to a trail by declaration, the officer is sent a form that they must complete. If they do not send in the form on time, which happens about 30% of the time, you win.

To fight your North Carolina speeding ticket or traffic ticket by written declaration if it is available, you will need to take a couple of steps. First, when you send your ticket to the court, you will need to plead not guilty and indicate that you would like to fight the ticket through written declaration. In some states you need to send the written declaration with your ticket and in others you have a window in which to mail in the declaration explaining why you are not guilty of the violation. In most states, if you lose your Trial by Declaration, you can request an in person trial and have another opportunity to fight the ticket.

Most people recommend hiring a service to fight a ticket in North Carolina using Trail by Declaration. They will know exactly what to include in the declaration as well as what it will take to win. Many of these services are fairly inexpensive when you compare it to the cost of the traffic ticket fine and the years of insurance rate increases you will face. In addition, this could be a smart move if you already have multiple tickets on your North Carolina record and are facing license suspension or heavy fines as a repeat offender.

2. Fight Your Ticket in Court

If you live in a state that doesn't offer Trial by Declaration or would prefer to fight your ticket in court, you have a couple of options of how to proceed initially. First, you can hire a ticket attorney, many of which are not very expensive and specialize in fighting traffic tickets. This is especially important if you have multiple tickets on your record or are facing license suspension. Your other option is to fight the ticket yourself in court by arguing your case. One thing to remember is that there is a chance that the officer will not show up to court in which case you automatically win and will be found not guilty.

If you do decide to represent yourself in court, there are some things to keep in mind to increase your chances of winning. First and foremost, come prepared to the trial with any and all evidence you have. This could include any photographs of the road conditions, including pictures of obstructed speed limit signs, strange road conditions, or photos of where the officer was standing if you believe their view was obstructed. Along with that, make sure you have thought through your argument and you know exactly what you want to say to contest your ticket. Many people show up simply hoping the officer won't show and end up losing their North Carolina traffic ticket case because they weren't prepared. Finally, be polite and kind. Getting angry, yelling, or being rude in the North Carolina court is not going to make it likely that the court will show you leniency and either reduce or dismiss your ticket.

3. Hire a Professional

In most cases, it is recommended to hire a North Carolina professional ticket fighting agency or attorney if you decide to pursue Trial by Declaration or an in person trial. The costs associated with hiring a professional usually are far less then the ticket itself and the insurance rate increases. Also, it will undoubtedly increase your chances of winning.

Tips For When You Get Pulled Over

One of the best ways to fight a North Carolina speeding ticket or fight a traffic ticket is to be proactive and prepared anytime you are pulled over. Always be polite and kind to the officer who pulled you over but do not admit guilt. Getting upset or arguing with the police officer will make you more memorable and make it more likely that they appear in court, so always be courteous and polite.

Additionally, be aware of your surroundings. If you believe you were pulled over in error due to officer error, an obstructed speed limit or traffic sign, or another reason; make sure to document that evidence with photographs or a written description.

Finally, check the ticket carefully for accuracy. Make sure the North Carolina ticket does not include any information that is not true that could come back to make it more difficult to fight. If you notice any errors, ask the police officer politely to correct them.

Frequently Asked Questions

What happens in the police officer doesn't show up to court when I fight my ticket?

In almost all states if the police officer or representative does not show up on the court date, the court will dismiss your ticket and you will be found not guilty. However this isn't always the case so it may be helpful to check with your court.

What are my options for fighting a ticket?

You have multiple options for fighting a ticket depending on the state you live in. In most states, you can choose to fight your ticket in court yourself or hire an attorney or ticketing fighting agency to help you fight your ticket. In certain states, you also may be able to fight your ticket in person through Trial by Declaration.

Are there errors that will automatically dismiss my traffic ticket if I fight it?

This can differ from state to state but in general most courts will overlook small errors on tickets like the misspelling of a name or incorrect address. More serious errors can sometimes lead to your case being thrown out but it will depend on the judge. Some of these major offenses that may lead to ticket dismissal could include failure of the officer to sign the ticket, citing the wrong traffic violation, citing the wrong location of the incident, or placing the wrong date on the ticket.

How can I prepare to fight my ticket?

The best way to prepare to fight your traffic ticket is to be prepared. You need to show up to court ready to defend yourself with a solid defense for yourself. In order to be as prepared as possible, you should make sure to submit a Request for Discovery and considering hiring a professional to help you.

What is a Request for Discovery and how does it help me fight my ticket?

A Request for Discovery is a request you make to the prosecution team to get all the information they have regarding your ticket. This information usually includes the speeding ticket including any notes, the type of device used, and any other pertinent information. This information will help you to prepare for your case because you will know what information the prosecution has.

What is Trial by Declaration and how can it help me beat my traffic ticket?

A Trial by Declaration is an option for fighting your traffic ticket available in some states. In a Trial by Declaration you fight your ticket by submitting a written statement that a judge reviews instead of showing up for court. There are many agencies that you can hire to help you write a Trial by Declaration. In some states, you are able to request an in person trial if you lose your Trial by Declaration.

What is a continuance and how do I request one when fighting my ticket?

A continuance is basically a request to the court to have your trial happen at a later date. When you are fighting a traffic ticket, asking for a continuance can have many benefits. First, you will have more time to prepare your case and hire a professional ticket fighting agency or lawyer if you decide to do that. Additionally, many people believe it is more likely that the officer will not show up for the court date if you request a continuance which means you win.

Does a police officer have to show me the radar when I am pulled over?

The police officer does not have to show you the radar when you are pulled over. Sometimes officers will show it to you as a courtesy if you ask when you are pulled over but it is likely to have little to no bearing when you fight your ticket in court.

How do traffic tickets affect my insurance record?

The specific impact traffic tickets have on your insurance record differs state to state, however in almost all cases it will significantly increase your insurance rates. For example, if you received a speeding ticket in NJ that was worth 4 points, you would pay an extra $1800 over three years for your auto insurance on average.

Can I actually fight a traffic ticket and win?

Many people win their traffic ticket and speeding ticket cases and beat their tickets. This percentage increases when people hire professional services to assist them in preparing their defense and fighting their tickets, or they consult professional materials that help them to understand how to prepare for court.